General conditions of sale
These general conditions of sale and use (hereinafter the "contract") are concluded between Poupon Paris, SAS with share capital of € 8,000 registered in the RCS of Lyon under number 877 912 659, having Its head office at 7 Place Gailleton 69002 Lyon, whose intra-community VAT number is FR03877912659 (hereinafter "Pupia"), and on the other hand any person, physical or moral, private or public law, registered on the Site www.poupon-cosmetiques.fr (hereinafter the "Site") or having made a purchase on the Site, hereinafter called "The Customer". The Customer acknowledges having had communication, prior to the placing of his order and the conclusion of the contract, in a readable and understandable manner, of these General Conditions of Services and all the information listed in article L. 221-5 consumer code. Any purchase on the site automatically leads to acceptance of all of these conditions.
Article 1: Definition
Customer: any person, physics or legal, private or public law, which purchases a product and/or has a personal account on the site.
Site content: Elements of any kind published on the site, or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
Order: means the process of the customer to select the products he wishes to buy and have been delivered. An order is finalized when the customer has selected the products he wishes to have delivered, the delivery options and when he set the amount to pay. Once finalized, the order is taken care of by a logistician who will send the products ordered according to the methods of the contract.
Contract: designates these general conditions of sale and use and any specific conditions applicable to certain promotional operations. Consequently, the Customer renounces to avail himself of any contradictory document which would come to oppose the contract, and which would therefore be unenforceable in Pupon.
Personal data: designates all personal information relating to users provided by it when ordering.
Internet user: any person, physics or legal, private or public law, connecting to the site.
The Publisher: Poupon Paris, SAS taken as a publisher of the site.
Product: Well of all kinds sold on the site by the Publisher to customers.
Site: website accessible to the URL wwww.poupon-cosmetiques.fr, as well as sub-sites, mirrors, portals and variations in the related URL.
User: Any natural or legal person using or registered on the site.
Article 2: Object
2.1. The purpose of the contract is to define the conditions under which users can access the Site, place orders and manage relations between Pupon and Users, including all the rights and obligations that result from it.
2.2. They apply in relationships between users between them and between users and baby. Any user undertakes to respect, without restriction or reserve, these CGV, whether he visits the site or proceeds to an order. The contract is notified to users for acceptance prior to any order on the site.
2.3. Pupon is free to modify, at any time and without notice, the contract, in particular to take into account any legal, jurisprudential and/or technical development. Pouspon will inform the user by any means, which will have to accept the new contract.
In any event, the fact for the user to continue to use the site after information of the modification of the contract results in the acceptance of the changes of the latter by the user.
The successive versions of the contracts will be accessible from the site.
2.4. The prevailing contract is the latest version available on the site.
2.5. The version applicable to an order is that in force on the date of the latter. Each new order requires acceptance of the contract by the customer, which the latter recognizes and accepts. If users do not accept the contract or its subsequent changes, they must give up any use of the site.
2.6. The user declares that he has obtained Poupon, prior to his order, all the information on the products and the delivery methods. He declares that he is solely responsible for the choice of products as well as their adequacy to his needs.
2.7. The user must be a duly represented legal person or a major natural person with legal capacity to place an order on the site. Otherwise, he must have the authorization of his legal representative to place an order, which he recognizes and expressly accepts.
Article 3: Price
All the prices presented on the site are included in euros all taxes included. Poupon reserves the right to modify its prices without notice. The prices applied to the customer correspond to those displayed on the site at the time of their order.
Article 4: Presentation of articles
The user is informed that photographs of the products appear on the site, which he can consult freely. Pupon guarantees that these photographs have been taken under standard conditions for the sector considered, with the products themselves. Pupon makes his best efforts to make the photographs of the products as possible to the products actually delivered to the customer (color of the products in particular). Pupon cannot ensure that the products will be exactly identical to the photographs, in particular due to the technical constraints for providing photographs on the site. Poupon strives to present and describe his products as precisely as possible. Subject to providing a faithful presentation of the essential qualities of its products, Poupon cannot guarantee the exhaustive communication of all of the characteristics of each product. The user who wishes to receive an additional information about a product is invited to contact customer service at the following address: hello@poupon-cosmetiques.fr
The User declares that he has perfectly aware of the provisions of this article, and already expressly accepts not to engage the responsibility of Pupon in this respect, subject to the application of imperative legal provisions (guarantee of conformity in particular).
Article 5: Order
The user can navigate the site freely and for free. In order to place their order, the customer selects the products of their choice on the site and adds them to their virtual basket. On the other hand, certain personal data of the customer is required for the proper execution of the order by Pupon. If the customer wishes, he has the possibility of creating a personal account allowing him, in particular, to follow the history of his orders on the site and to find the corresponding confirmations and invoices. Some customer personal data is required to create a personal account such as their name, first name, address, mobile phone number, email. The customer is required to provide complete, up -to -date and loyal information, the responsibility of Pupon who cannot be engaged as such. The Customer is informed that some of the information requested is compulsory for the proper execution of the order he has placed, which he expressly recognizes. The product description is available to the customer on the site, which the customer accepts and recognizes. Once the order was finalized, the support is confirmed by Pupon by sending an email to the customer to the address indicated when ordering. The order is validated after payment by the customer. Pupon will send the customer an invoice by email at the address entered during the order. The Customer is advised to record or print their invoice and keep it. In the event of a payment incident, bank refusal, expired bank card, incorrect data, etc. The order is automatically canceled, the customer is immediately warned by email. Poupon undertakes to honor validated orders, within the limits of available stocks. In the event of unavailability of one or more products after placing the order, the customer will be warned by email. The Customer may be reimbursed for the amount corresponding to unavailable products or be delivered when the products concerned are again in stock (except for final withdrawal from the catalog). Pupon's responsibility cannot be engaged for any unavailable product. Pupon is likely to modify the assortment of products offered on the site at any time, without prejudice to orders placed by the customer.
Article 6: Delivery
The products are delivered to the address indicated by the customer on the order form. The delivery costs will be specified on the site, all taxes included, during the order process and must be accepted by the customer at the time of the validation of the order. They will appear on a specific line distinct from that specifying the price of the products. It is expressly specified that the amount of delivery costs may vary depending on the product delivery territory, which the customer recognizes and expressly accepts. The indicative delivery times are indicated on the site and depend on the delivery method chosen by the customer. Indicative delivery times exclude Saturdays, Sundays and holidays. Pursuant to article L. 216-1 of the Consumer Code, the parties agree that the products will be delivered within the deadlines specified during the product order process and before the validation of said order. Delivery times are also recalled in the confirmation email of the order sent to the Customer. Delivery times include the preparation and shipping of the order, as well as the time to delivery of products to the delivery point (postal address of the customer or relay point). In the absence of an indication on the site of a delivery time for the products, Poupon undertakes to deliver them within a maximum period of thirty days from the validation email of the order sent to the Customer by Pupon. However, Poupon calling on external providers (logisticians, carriers, post office services, etc.) for the delivery of products, Poupon is fully dependent on these third -party providers. The delivery times indicated on the site can thus be impacted due to providers without Pupon being responsible for these delays in the routing and the consequences which could result from it. When the delivery is made against signature, the latter is of the good reception of the package. The transfer of risks and liability relating to the products is carried out upon receipt of the products by the customer. From this date, the Customer will be the sole and only responsible for it, as well as their use and all consequences likely to result from it. When the product is delivered to the address indicated on the order form by a carrier, it is up to the buyer to check in the presence of the delivery man the state of the product delivered and, in the event of damage or missing, of Take reservations on the delivery slip or the transport receipt, and possibly refuse the product and notify the seller. The customer therefore undertakes to check, at the time of delivery, that the order delivered is complete, compliant and has not been damaged. Any order received against signature by the customer will be considered to be in accordance, complete and in perfect condition at the time of delivery.
Article 7: Payment
The price is due in full after confirmation of the order. Payment is immediately made when ordering by bank card or by Paypal directly on the site www.poupon-cosmetiques.fr. The following bank cards are accepted Visa, Mastercard, Maestro. The site has an online payment security system provided by the Stripe platform. The payment methods through the Paypail platform are specific to the platform of this provider and independent Poupon, which does not intervene in any way in the use of said service. All the conditions and terms related to payment via the Paypal payment solution, are governed by the general conditions of use of this service, accessible to the address https://www.paypal.com/fr/webapps/mpp /UA/Useragrement-Full, which applies concomitantly to these GTCs. Pupon does not keep any bank details of the customer, subject to the following provisions. Pupon cannot be held responsible for any malfunction occurring on the Paypal payment platform. By accepting these, the Customer also agrees to be linked to the general conditions of use of Paypal, accessible to the above -mentioned address. These can be subject to modifications on the part of Paypal only. In no case can Pupon modify the general conditions of use of Paypal, a provider on which it has no control.
Article 8: withdrawal
The Customer has the right to withdraw from this contract without giving a reason within fourteen (14) days. The withdrawal period expires fourteen (14) days after the day of ordering a product. To exercise the right of withdrawal, the customer must notify the company his name or his social name, his address and, when available, his telephone number and his email address as well as his decision to withdraw by means of a Declaration of ambiguity (for example, letter sent by post, fax or electronic mail). The customer has the possibility of using the retraction form model annexed to the contract. The customer can also fill and transmit The withdrawal form model Or any other declaration devoid of ambiguity on the site. In this case, the company immediately sends an acknowledgment of receipt of the withdrawal by email. In order for the withdrawal period to be respected, it is enough that the customer transmitted his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period. In the event of withdrawal from the contract customer, the company reimburses all the payments received from him, without excessive delay and, in any event, at the latest fourteen (14) days from the day the company was informed of his decision to withdraw from this contract. The company will reimburse using the same means of payment as that used by the Customer for the initial transaction, except to agree expressly of a different means; In any event, this reimbursement does not cause costs for the customer. The correspondence costs caused during a withdrawal are the responsibility of the customer. The retraction form model is detachable and is annexed to the contract. In the event that the Customer uses a product before the expiration expiration, he is deemed to have expressly renounced his right of withdrawal. The Customer expressly declares to be aware that in the event of the use of the product before the end of the period of fourteen (14) free days, his right of withdrawal will no longer be enforceable.
Article 9: Personal data and cookies
9.1. Poupon undertakes to comply with all the provisions of the applicable legislation in terms of personal data protection. Pupon undertakes to take any technical, organizational and operational measure to guarantee the confidentiality, integrity and security of the data to which it has access, which are entrusted to it or which it is aware of within the framework of the contract. For example, it can be data encryption, access rights management, secure flows. Poupon is committed to:
- do not take any copy of the documents and/or media that would be entrusted to it, with the exception of the copies necessary for the needs of the execution of the contract;
- Do not use the documents and information processed for purposes other than those specified in this contract;
- guarantee the confidentiality of personal data by not disclosing this data to other people, whether private or public, physical or legal persons;
- Ensure that people authorized to process personal data under this contract:
- - undertake to respect confidentiality or be subject to an appropriate legal obligation of confidentiality
- - receive the necessary training in terms of personal data protection.
Subject to the express acceptance of the user through check boxes, the email address of the user can also be used by Pupon for the registration and sending of a newsletter and/or transmission of promotional offers. In the event that the user no longer wishes to receive newsletter and/or promotional offers, he has the possibility of modifying his choice by contacting Pupon under the conditions mentioned below or using the unsubscribe links provided for in messages.
Poupon undertakes to call only on a subcontractor:
- established in a country of the European Union or European Economic Space,
- established in a country with a level of protection under a decision by the European Commission with regard to the applicable regulations,
- with the appropriate guarantees in application of article 46 of the GDPR.
Pupon undertakes to call on subcontractors with sufficient guarantees as to the implementation of appropriate technical and organizational measures to meet the requirements of the applicable regulations. The content is kept for the duration of the contract. Pupon undertakes to comply with all the provisions of the applicable legislation in terms of personal data protection. Pupon will delete personal data and their possible copies at the end of the contract unless the applicable law requires the conservation of this personal data. Pupon undertakes to notify the user, as soon as possible, after having read any violation of security resulting in accidental or illicit, destruction, loss, alteration, unauthorized disclosure of data personal transmitted, kept or processed in another way, or unauthorized access to such data. If, and since it is not possible to provide all this information at the same time, the information can be communicated in an echeloned manner without undue delay. Access to personal data is strictly limited to Pupon employees, authorized to process them due to their functions. The information collected may possibly be communicated to third parties linked to Pupon by contract for the execution of subcontracted tasks necessary for the management of the order, without an authorization from the User being necessary. It is specified that, within the framework of the execution of their services, third parties have only limited access to data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation in matters of protection of personal data. The user has the right to access, rectify, portability and erasure of his data or even limit processing. It can also, for legitimate reasons, to oppose the processing of data concerning it. The user may also, under the right to portability of his personal data, recover those concerning him for his personal use, or request that they are transferred to a third party, if this is technically feasible. To exercise these rights, the user must send a request to the following postal address POUPON, 7 place Gailleton, 69002 LYON, or by email at hello@poupon-cosmetiques.fr indicating his name and surname. Pupon will be able to ask the user to prove his identity, by attaching to his request any necessary document, in particular a copy of his identity card or his passport.
9.2. When consulting the site, user browsing information is likely to be saved in so -called "cookies" files installed on their terminal (computer, tablet, smartphone). Cookies are text files, issued by the company in order to facilitate navigation on the site and allow you to recognize the user's browser when it has connected to the Site. Pupon uses several types of cookies, namely cookies strictly necessary to fluidify navigation, functional cookies allowing to memorize the choices made by the user and the preferences of his accounts, performance cookies allowing to measure the crowds, Third -party cookies and social networks which are subject to the personal data protection policies of these third parties. The information collected by cookies is exclusively used by the company, with the exception of those contained in third -party cookies, which are used and managed by external entities. The user has the choice to accept, refuse, or modify the cookie management policy recorded on his computer. When the user visits the site, a message informs him of the use of cookies. He also indicates that by continuing his navigation on the site, the user accepts these cookies. The user can come back to this decision at any time by opposing the cookies deposit. If the user chosen to refuse the recording of cookies in his computer or if he deletes those recorded there, the company declines any responsibility for the consequences linked to the malfunction of the site. All of these cookies, excluding essential cookies, has a validity period of less than 13 months.
Article 10: Vouchers / Assets
The vouchers sent by Pupon can be used for 1 year on all the products offered on the site. The vouchers cannot be combined with each other, nor with promotional or sales codes.
Article 11: Promotional codes
Promotional codes only apply to unwanted basic prices. Promotional codes cannot be combined with each other neither with vouchers, nor during exceptional sales and/or discounts. Promotional codes can be used once per customer account unless otherwise instruction. No promotional code can be subject to any refund, including during an exchange.
Article 12: Intellectual property
"Pupon" is a brand registered with the INPI under No. 4532029.
Pupon is exclusive to intellectual rights on the site and in particular of all the texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the site as well as its databases of which it is The producer. All these intellectual creations are shared under copyright, trademark law, patent law, sui generis law of databases and image law. These creations are the full and whole property of baby. However, this grants users a license allowing them to reproduce and display the content of the site, but only and strictly for their personal use in the context of the visualization of this site. This license, however, excludes user law to modify, copy, translate, disseminate, publish, transmit, distribute, produce, display or assign the rights of any content appearing on the site and through it. As such and in accordance with the provisions of the Intellectual Property Code, only the use for private use subject to different or more restrictive provisions of this code, is authorized. Any other use constitutes counterfeit and sanctioned under intellectual property without prior authorization of Pupon. Any form of total or partial copy, inspiration and reproduction of the database produced and operated by Pupon on the site is strictly prohibited without its prior written agreement. Users acknowledge that the company has implemented suitable control measures to ensure that user compliance with the conditions of use of the Site. In particular, in the event that Pupon considers that a user has published illicit or abusive content on the site, Pupon can immediately and without any other preliminary formality, delete the illegal content of the Site and if necessary delete his user account and will block access of this user to the site. Throughout the duration of the services, users prohibit themselves before launching any communication of incorrect or false information and will only ensure that information is in accordance with public order, morality to any legal, regulatory rule or administrative.
Article 13: Limitation of responsibility
13.1 Pupon declines any responsibility for damage of whatever kind, resulting in particular due to the use of the site or the order of products, in particular an attack on the reputation and the image of the customer, or a loss data that could occur due to the use of the site.
13.2. The user acknowledges that its use of the site is done at their own risk. The site is provided to it "as it is" and is accessible without any guarantee of availability and regularity. Poupon will make its best efforts to make the site accessible twenty-four hours a day, seven days a week, except in the case of force majeure or an event outside the control of Poupon and subject to maintenance periods, breakdowns Possible, technical vagaries linked to the nature of the network or malicious acts or any damage to hardware or software of baby.
13.3. Pupon cannot in any case be held responsible due to an interruption of all or part of the site regardless of the cause, duration or frequency of this interruption. Pupon is not responsible for the consequences induced at any cut of the site for any reasons.
13.4. The site has the technology necessary to date for its access and use, the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which can produce alterations in the user's computer systems cannot be excluded. Pupon does not offer any guarantee or explicit or implicit as to the operation of the site, in particular any technical problem that could arise. Poupon reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the site configuration, the services or content offered, such as the right to eliminate them, limit, suspend or prohibit access, provisionally or permanently. Pupon is in no way responsible in the event of fraudulent use or embezzlement of the customer's identifiers by a third party, the customer being required to keep his confidential information.
13.5. Pupon's responsibility for the obligations of the contract cannot be engaged in the event that the non -performance of its obligations is due to the fact of a third party even if it is predictable, to the fault of the customer, or to the occurrence of 'An event of force majeure as defined by law and jurisprudence, or to any other event which has not been reasonably under the exclusive control of Poupon. It is agreed that in the event that the responsibility of Pupon is questioned, whatever the foundation and/or nature of the action, only direct and predictable damage are likely to give rise to repair. Thus, all indirect, consecutive and/or accessories damage, such as for example a commercial disorder, a loss of customers, etc., will not open up to repair for the benefit of the user. In any event, the User and Customer Compensation by Pupon and the Customer in compensation for all of the cupboards suffered under shortcomings or negligence in the execution of the contract cannot exceed the total amount excluding tax collected by The company under products subject to a complaint. Building foreclosure, the user or the customer must inform Pupon by registered mail with acknowledgment of receipt within seven (7) days from the finding of the existence of any fact, vice, complaint or request that might be likely to engage the responsibility of Pupon.
13.6. The Customer undertakes to make use of products in strict compliance with the user notices provided by Poupon. Consequently, Poupon cannot be held responsible in the event of non -compliant use of products by the customer or a third party.
Article 14: Legal guarantee
In accordance with the provisions of the Consumer Code, the products sold on the site benefit from legal guarantees, that is to say the compliance guarantee (articles L.217-4 and following of the Consumer Code) and the guarantee of hidden defects (articles 1641 and following of the Civil Code).
Article 15: Complaint / information
Any complaint or request for information must be sent to customer service by email to the following address: hello@poupon-cosmetiques.fr.
Article 16: Reserve of ownership
The transfer of ownership of the products is suspended until full payment of the price and its accessories. The Customer obliges to allow at any time the identification and claim of products, the products being deemed to correspond to unpaid products. The products are fungible with each other.
Article 17: Various provisions
17.1. Partial non-validity: if one or more stipulations of these GTC are held for non-valid or declared as such in application of a law, a regulation or following a final decision of a competent court, the Other stipulations will keep all their strength and their scope.
17.2. Non-renunciation: the fact for one of the parties not to take advantage of the other part of a breach of any of the obligations referred to in the GTC cannot be interpreted for the future as a waiver to the obligation in question.
17.3. Mediation: In the event of a dispute relating to an order, the Customer must contact Poupon as a priority, in order to find an amicable solution, by email at hello@poupon-cosmetiques.fr.
The mediator's referral can only intervene after the customer has taken prior written steps with Pupon. The Customer can submit the dispute relating to the order form or to this contract opposing Pupon to a mediator: CIMA, Interprofessional Mediation and Arbitration Center, 32 Quai Perrache, 69002 Lyontel.0478282670 Fax.0472114362 Email: Contact@ Cima-mediation.com, which will try, in complete independence and impartiality, to bring the parties closer to lead to an amicable solution. To submit his mediation request, the Customer has a claim form accessible on the mediator's website. The parties to the contract remain free to accept or refuse the use of mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
17.4. Applicable law and award of jurisdiction
The contract is governed by French law, any difficulty arising from the interpretation and/or the execution of these presents will be subject to the assessment of the competent French jurisdictions, the only applicable laws being the French laws.
In addition, in the event of a dispute, with a merchant or professional, the exclusive competence will be that of the Commercial Court of Lyon.
